C.V. Nagarjuna Reddy, J. - (1.)This civil revision petition arises out of order dated 1.10.2015 in OS No. 298 of 2012 on the file of the II Additional District & Sessions Judge, Guntur. Shorn of unnecessary facts, the only point arises for consideration in this case is whether the suit agreement of sale in respect of house property is liable for stamp duty under Article 6(A) of Schedule I -A of the Indian Stamp Act, 1899 (for short, 'the Act'), or Clause (B) of the said Article. The lower Court has taken the view, and in my view rightly, that as the sale pertains to a house, Article 6(A) is attracted. However, Mr. J. Prabhakar, learned Counsel for the petitioner, submitted that Clause (B) of Article 6 is attracted to the present case.
(2.)Clauses (A) and (B) of Article 6 of Schedule -I -A of the Act, read as under:
(3.)From the above extracted provision, it is clear that an agreement or memorandum of an agreement, not otherwise provided for, falls under Article 6(A). In my opinion, clause (B) attracts either of the two activities viz., (i) construction of a building, or (ii) development or sale of immovable property. Where the agreement pertains to sale of a building already constructed, without involving construction or development, clause (A) of Article 6 is attracted.